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1. Module - IV
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Intellectual Property
The creations of the human mind like inventions,
literary and artistic works, and symbols, names,
images and designs used in commerce.
Two types viz.,
Industrial property: inventions (patents), trademarks,
industrial designs, and geographic indications of source
Copyright property: literary and artistic works such
as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings, photographs
and sculptures, and architectural designs.

2. Module - IV
“Intellectual property rights protect the interests
of creators by giving them property rights over
their creations”
Intellectual property is intangible: No physical
properties
Encompasses four separate and distinct types of
intangible property namely
 Patents
Trademarks
 copyrights
intellectual property
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The Concept
 During Renaissance northern Italy is thought to be the cradle of the
Intellectual Property system.
 A Venetian Law of 1474 made the first systematic attempt to
protect inventions by a form of patent
 The invention of movable type and the printing press by Johannes
Gutenberg around 1450 contributed to the origin of the first
copyright system in the world
 Towards the end of 19th century, large-scale industrialization and
rapid growth of cities led many countries to establish their
Intellectual Property laws
 As a result Paris Convention for the Protection of Industrial
Property in 1883 and Berne Convention for the Protection of Literary
and Artistic Works in 1886

4. Module - IV
industrial, scientific, literary or artistic fields.”
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World Intellectual Property Organization (1967list of the
subject matters protected by intellectual property rights
 literary, artistic and scientific works;
 performances of performing artists, phonograms, and
broadcasts;
 inventions in all fields of human endeavor;
 scientific discoveries;
 industrial designs;
 trademarks, service marks, and commercial names and
designations;
 protection against unfair competition; and
 “all other rights resulting from intellectual activity in the

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With the establishment of WTO, the importance and role of the
intellectual property protection has been crystallized in the
TRIPS Agreement which came into effect on 1 January 1995. The
areas of IP that it covers are
(i) Copyright and related rights (i.e. the rights of performers,
producers of sound recordings and broadcasting organisations);
(ii) Trade marks including service marks;
(iii) Geographical indications including appellations of origin;
(iv) Industrial designs;
(v) Patents including protection of new varieties of plants;
(vi) The lay-out designs (topographies) of integrated circuits;
(vii)The undisclosed information including trade secrets and test
data.

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Intellectual Property System in India
 Patent Act was introduced in the year 1856 which remained in
force for over 50 years
 Subsequently amended as “The Indian Patents and Designs
Act, 1911”
 In 1970 a comprehensive bill - "The Patents Act, 1970“
 Till recently only four forms were protected
 Copyrights were regulated under the Copyright Act, 1957
 Patents under Patents Act, 1970
 Trade marks under Trade and Merchandise Marks Act 1958
 Designs under Designs Act, 1911
 Bcz of WTO & TRIPS several new legislations were passed

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TRIPS Complied Regime in India
 Patents Act, 1970
– Patents Act, 1970 amended in the year 1995, 1999, 2002
and 2005 to meet its obligations under the TRIPS
agreement
– Reason - development of technological capability in India,
need for integrating the IP system with international
practices and IP regimes.
– Also, intended to make the act a modern, harmonized and
user-friendly
 Subsequently the rules under the Patent Act have also
been amended in the year 2003 and 2005

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Module - IV
 Trade Mark Act, 1999
– India the trademarks have been protected for over four decades as
per the provisions of the Trade and Merchandise Mark (TMM) Act
of 1958.
– Trademarks Bill was introduced in 1994 keeping in view the current
developments, globalization, investment flows and transfer of
technology, simplification of trademark management system and to
give effect to important judicial decisions
– The Trademarks Bill passed on 30th December, 1999 as Trade Marks
Act, 1999 thereby replacing the Trade and Merchandise Mark Act of
1958.
– It broadens the definition of infringement of a registered
trademark
– An action for infringement will also be available against the

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 The Designs Act, 2000
– The Designs Act of 1911 has been replaced by the Designs
Act, 2000.
– Protection of industrial designs to ensure effective
protection to registered designs, and to encourage design
activity to promote the design element in an article of
production.
– complies with the requirements of TRIPS and hence is
directly relevant for international trade.
– The design law excludes the functioning features nd grants
protection only to those which have an aesthetic appeal.
• Eg: Teacup handle, table etc.,

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The Geographical Indications of Goods
(Registration and Protection ) Act, 1999
– Indian geographical indications had been misused by
persons outside India
– Patenting turmeric, neem and basmati are the
instances drew a lot of attention towards this aspect
of the Intellectual property
– Under TRIPS agreement, there is no obligation for
other countries to extend reciprocal protection unless
a geographical indication is protected in the country
of its origin.
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 Copyright Act, 1957
– As per this Act, copyright grants author's lifetime coverage plus 60
years
– Copyright and related rights on cultural goods, products and services,
arise from individual or collective creativity
– distinguish between different classes of works such as literary, artistic,
musical works and sound recordings and cinematograph films.
– The work is protected irrespective of the quality and also when it may
have very little in common with accepted forms of literature or art.
– Novel rights; authorship and oppose changes
– Amendments in 1984 included computer programming with the definition
of "literary work.‘
– Punishment: Improsinment more than 7 days and fine Rs. 50,000/- to
2,00,000/-

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 The Protection of Plant Varieties and Farmers’ Rights Act, 2001
– Plant Breeders’ Rights arises from the need to provide incentives to
plant breeders engaged in the creative work of research which sustains
agricultural progress
– Assumed importance particularly in the wake of TRIPS agreement under
WTO
– seeks to stimulate investment for research and development both in the
public and private sectors
– seeks to facilitate the growth of the seed industry in the country
through domestic and foreign investment
– recognizes the role of farmers as cultivators and conservers and the
contribution of traditional, rural and tribal communities to the country’s
agro biodiversity
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13. Module - IV
The Semi Conductor Integrated Circuits
Layout Design Act, 2000
– Microelectronics, which primarily refers to
Integrated Circuits (ICs) ranging from, Small
Scale Integration (SSI) to Very Large Scale
Integration (VLSI) on a semiconductor chip
– Therefore, protection of IPR given to the layout
designs to encourage continued investments in R &
D
– Protection is given to original layout design
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14. Module - IV
 Trade Secrets
– confidential business information that provides an
enterprise a competitive edge
– Usually these are manufacturing or industrial secrets and
commercial secrets
– Include sales methods, distribution methods, consumer
profiles, and advertising strategies, lists of suppliers and
clients, and manufacturing processes.
– Contrary to patents, trade secrets are protected without
registration
– A trade secret can be protected for an unlimited period of
time but a substantial element of secrecy must exist
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15. Module - IV
 Utility Models
– Allows the right holder to prevent others from
commercially using the protected invention without his
authorization for a limited period of time
– Aka petty patents
– At present, India does not have legislation on Utility
models
– innovations of a rather incremental character which may
not meet the patentability criteria
– The term of protection for utility models is shorter than
for patents
– Utility models are much cheaper to obtain and to maintain
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IPR & BIODIVERSITY
– Aims at conserve/protect the valuable
resourcesuch as biodiversity to draw the benefits
accrued in it for the society
– Mainly three types of biodiversity viz.,
• Ecosystem diversity, representing the principal bio
geographic regions and habitats
• species diversity, representing variability at the level of
families, genera and species
• genetic diversity, representing the large amount of
variability occurring within a species
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17. Module - IV
 The Convention on Biological Diversity (CBD) 1992
– Entered into force in December 1993, is an international
treaty for the conservation of biodiversity, the sustainable
use of the components of biodiversity
– seeks to address all threats to biodiversity and ecosystem
services
– The Cartagena Protocol on Biosafety is a subsidiary
agreement to protect biological diversity from the
potential risks posed by living modified organisms
– The member countries were pressurized to change their
IPR laws to conform with the TRIPS agreement.
– India adopted Biological Diversity Act, 2002
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18. Competing Rationales fo
M
r
odule - IV
Protection of IPRs
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 IPR do not apply to the physical object in which the creation may be embodied
but instead to the intellectual creation
 IPR is given by countries
 to give statutory expression to the moral and economic rights of creators and the rights of
the public in access to those creations
 to promote, as a deliberate act of Government policy, creativity and the dissemination and
application of its results and to encourage fair trading
 IPR contribute to the economic growth of the country
 TRIPS Agreement included as one of the agreements for multilateral trade
negotiations under the Uruguay Round
 WIPO report 2011 – IPR central to the strategies of innovating firms worldwide
 IP assets used in business transactions online exchanges
 buyers and sellers of intellectual property manage IP assets like stocks

19. Leading International
Module - IV
Instruments Concerning IPR
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 A system of accumulated practices rather than a set of
fixed rules
 It is a practice of international relations to protect
inventions
 country’s laws defining the rights of the foreigners form
part of the international system even when, the country is
not party to any international treaty on the subject
 Number of International Treaties/Conventions
administered by WIPO which deal with the various aspects
IPR

20. World Intellectual PropertM
y
odule - IV
Organisation (WIPO)
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 Is a specialized agency of the United Nations
 Established by the WIPO Convention in 1967 with a mandate from its
Member States
 The need for international protection of IP arose when foreign exhibitors
refused to attend the International Exhibition of Inventions in Vienna in
1873
 This led to origin of the Paris Convention in 1883 for protection of
trademarks; industrial designs
 Copyright also entered the international arena during 1886 with the Berne
Convention and resulted in establishment of BIRPI
 In 1960 BIRPI moved from Berne to Geneva to be closer to the United
Nations and other international organizations in that city

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WIPO and WTO
 WIPO entering into a cooperation agreement with the World Trade
Organization (WTO)
 Enables co-operation concerning the implementation of the TRIPS
Agreement
 In July 1998, a joint initiative to help developing countries meet
their TRIPS obligations till the year 2000 was launched
 WIPO seeks to
 Harmonize national IP legislation and procedures
 Provide services for international applications for IPR
 Exchange IP information
 Provide legal and technical assistance to developing and other countries
 Facilitate the resolution of private IP disputes
 marshal ITas a tool for storing, accessing, and using valuable IPR

22. Paris Convention for the Module - IV
Protection of IP
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• The Paris Union, established by the Convention, has an
Assembly and an Executive Committee.
• State adhering to administrative and final provisions of the
Stockholm Act (1967) is a member of the Assembly
• The Paris Convention, concluded in 1883, was revised at
Brussels in 1900, at Washington in 1911, at The Hague in 1925,
at London in 1934, at Lisbon in 1958 and at Stockholm in 1967,
and it was amended in 1979
• provisions of the Convention may be divided into three main
categories namely national treatment, right of priority,
common rules.

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National Treatment
Each contracting State must grant the same
protection to nationals of the other contracting
States as it grants to its own nationals.
Nationals of non-contracting States are also
entitled to national treatment under the
Convention if they are domiciled or have a real
and effective industrial or commercial
establishment in a contracting State.

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Right of Priority
 Provides for the right of priority in the case of patents,
marks and industrial designs
 On the basis of a regular first application filed in one of the
contracting States, the applicant may, within a certain period
of time apply for protection in any of the other contracting
States and these later applications are regarded as if they
had been filed on the same day as the first application. In
other words, these later applications have priority over
applications which may have been filed during the said period
of time by other persons for the same invention, utility
model, mark or industrial design.

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Common Rules
Patents
1. Patents granted in different contracting States for the same
invention are independent of each other.
2. The granting of a patent in one contracting State does not oblige
the other contracting States to grant a patent.
3. A patent cannot be refused, annulled or terminated in any
contracting State on the ground that it has been refused or
annulled or has terminated in any other contracting State.
4. The inventor has the right to be named as such in the patent.
5. The grant of a patent may not be refused, and a patent may not be
invalidated, on the ground that the sale of the patented product, or
of a product obtained by means of the patented process, is subject
to restrictions or limitations resulting from the domestic law.

26. Module - IV
6. Each contracting State that takes legislative measures providing for the
grant of compulsory licenses to prevent the abuses which might result from
the exclusive rights conferred by a patent may do so only with certain
limitations. Thus, a compulsory license based on failure to work the
patented invention may only be granted pursuant to a request filed after
three or four years of failure to work or insufficient working of the
patented invention and it must be refused if the patentee gives legitimate
reasons to justify his inaction.
7. Forfeiture of a patent may not be provided for, except in cases where the
grant of a compulsory license would not have been sufficient to prevent the
abuse. In the latter case, proceedings for forfeiture of a patent may be
instituted, but only after the expiration of two years from the grant of the
first compulsory license.
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